Osanitsch v. Marconi PLC

Filing 152

ORDER to continue hearing on motion re 151 Stipulation filed by Marconi PLC, Telent Ltd., Marconi Communications, Set/Reset Deadlines as to 151 Stipulation, 126 MOTION for Attorney Fees. Motion Hearing set for 5/28/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 4/29/2010. (be, COURT STAFF) (Filed on 4/29/2010)

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Matthew G. Ball (SBN 208881) [e-mail] Harold H. Davis, Jr. (SBN 235552) [e-mail] Jas S. Dhillon (SBN 252842) [e-mail] K&L GATES LLP Four Embarcadero Center, 12th Floor San Francisco, CA 94111 Telephone: [phone] Fax: [phone] Attorneys for Defendant MARCONI PLC, MARCONI COMMUNICATIONS and TELENT LTD. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ­ SAN FRANCISCO DIVISION

JOHN OSANITSCH, Plaintiff, vs.

Case No. 3:05-cv-03988-CRB STIPULATION TO CONTINUE HEARING ON DEFENDANTS' MOTION FOR ATTORNEYS' FEES; [PROPOSED ORDER]

MARCONI PLC, MARCONI ACQUISITION SUB, INC., MARCONI COMMUNICATIONS, [OLD] HEARING DATE: April 30, 2010 TELEPHON AB L.M. ERICCSON, TELENT [NEW] HEARING DATE: May 28, 2010 LTD., TIME: 10:00 a.m. Defendants. JUDGE: Charles R. Breyer

STIPULATION TO CONTINUE HEARING ON DEFENDANTS' MOTION FOR ATTORNEYS' FEES Case No. 3:05-cv-03988-CRB 1

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On January 5, 2010, Defendants Marconi plc, Marconi Communications, and Telent plc (collectively "Defendants") filed a motion to recover their attorneys' fees pursuant to the Employee Separation Agreement and General Release executed between Plaintiff John Osanitsch ("Osanitsch") and Defendants. On January 15, 2010, Osanitsch and Defendants, collectively, filed a stipulation to continue the hearing date on Defendants' Motion for Attorneys' Fees from February 12, 2010 to March 12, 2010. On January 22, 2010, this Court granted the Stipulation between Osanitsch and Defendants. On March 11, 2010, Osanitsch and Defendants filed a second stipulation to further continue the hearing on Defendants' Motion for Attorneys' Fees in order to discuss and finalize settlement of this matter. On March 11, 2010, this Court granted Defendants' stipulation to move the hearing date from March 12, 2010 to April 9, 2010. On April 8, 2010, Osanitsch and Defendants filed a third stipulation to further continue the hearing on Defendants' Motion for Attorneys' Fees in order to discuss and finalize settlement of this matter. On April 9, 2010, this Court granted Defendants' stipulation to move the hearing date from April 9, 2010 to April 30, 2010. After this Court granted the Stipulation, the parties have continued to discuss settlement of this action. Osanitsch and Defendants have exchanged drafts of a settlement agreement. Further, the parties have agreed on the form and content of the final settlement agreement. The parties are very close to finalizing a settlement agreement, but need additional time to execute the necessary documents to finalize settlement and dismiss this action. In order to reach final settlement of this action, the parties have agreed, and hereby stipulate, to continue the hearing date on Defendants' Motion for Attorneys' Fees. Accordingly, Osanitsch and Defendants stipulate and agree to continue the hearing date on Defendants' Motion for Attorneys' Fees from April 30, 2010 to May 28, 2010, or as soon thereafter as the Court finds convenient.

STIPULATION TO CONTINUE HEARING ON DEFENDANTS' MOTION FOR ATTORNEYS' FEES Case No. 3:05-cv-03988-CRB 2

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K&L GATES LLP

By: /s/ Jas S. Dhillon Matthew G. Ball (SBN 208881) [e-mail] Harold H. Davis, Jr. (SBN 235552) [e-mail] Jas S. Dhillon (SBN 252842) [e-mail] Attorneys for Defendant MARCONI PLC, MARCONI COMMUNICATIONS and TELENT LTD.

THE LAW OFFICES OF JAMES J. SELTZER

By: /s/ James J. Seltzer James J. Seltzer Attorney for Plaintiff JOHN OSANITSCH

PURSUANT TO STIPULATION IT IS SO ORDERED.

The Honorable Charles R. Breyer

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STIPULATION TO CONTINUE HEARING ON DEFENDANTS' MOTION FOR ATTORNEYS' FEES Case No. 3:05-cv-03988-CRB 3

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